Tuesday 24th January 2023
Issue No. 83
C O N T E N T S
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| Notice |
| Fixing Notice |
| Calling List |
| Walling List |
| Notice |
| Outer House Rolls |
| Inner House Rolls |
N O T I C E
OPPOSED AND STARRED MOTIONS
The procedure for the allocation of opposed and starred motions will now be as follows:
When an opposition to a motion or an automatic starred motion is lodged during term time, the Keeper’s Office will allocate a date for the motion to call a minimum of 2 days ahead. Can all parties please ensure their respective counsel are available prior to the enrolment of any opposed or starred motion.
An email will be sent to parties setting out the proposed date, Judge and clerk. The clerk will then liaise with parties to agree a time for the motion to call. This is to ensure opportunity is provided for representations to be made about the form of the hearing.
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FIXING N O T I C E
The Keeper’s office is currently fixing the following for Personal Injury Proofs and Ordinary Action Proofs:
Personal Injury 4 day Proofs – 22nd August 2023
Personal Injury Proofs requiring more than 4 days - 29th August 2023
Ordinary Action Proofs requiring more than 4 days - 14th March 2023
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COURT OF SESSION
CALLING LIST
Tuesday 24th January
| 1 | PD514/22 TBM v The Governors of the Fettes Trust | Thompsons Solicitors |
| 2 | A14/22 Falkirk Council v Clark Contracts Ltd | Anderson Strathern LLP |
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COURT OF SESSION
WALLING LIST
Tuesday 24th January
| 1 | Petition | James Spence to restore Andrew Thom (Joinery) Limited to the register of companies. | Digby Brown LLP |
| 2 | Note | Robert Waddell for leave to raise an action against Upper Clyde Shipbuilders Limited(in liquidation) | Thompsons Solicitors |
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N O T I C E
INNER HOUSE
All substantive business in the Inner House i.e. hearings not dealing with procedural business as defined by Rule 37A.1(2) of the Court of Session Rules will be conducted in person, however the court may allow parties to be heard remotely on cause shown. A party seeking a remote, or hybrid, hearing should apply to do so by motion.
Procedural hearings in the Inner House, such as leave/permission to proceed hearings, will be conducted virtually or dealt with on the basis of written submissions, however the court may allow the hearing or part thereof to be conducted in person “on cause shown”. A party seeking an in person or hybrid procedural hearing should apply to do so by motion.
OUTER HOUSE
All first instance hearings in the Outer House including proofs, debates and judicial review hearings will be conducted in-person, however the court may allow parties or their witnesses to be heard remotely on cause shown. A party seeking a remote, or hybrid, hearing should apply to do so by motion.
Procedural hearings in the Outer House, including applications for permission to proceed in judicial review petitions, and preliminary and procedural hearings in the Commercial court, will be conducted using Webex or dealt with on the basis of written submissions, however the court may allow the hearing or part thereof to be conducted in person “on cause shown”. A party seeking an in person or hybrid procedural hearing should apply to do so by motion.
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OUTER HOUSE ROLLS
LORD CLARK – L Cranston, Clerk
Court 4 - Parliament House
Thursday 26th January
Judicial Review - Oral Hearing
at 9.30am
| P647/22 Pet: Farzand Osman for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
LADY CARMICHAEL – N Marchant, Clerk
Court 11 - Parliament House
Thursday 26th January
By Order and Case Management Hearing
at 9.00am
| COS/F69-22 Stacey Tucker v Mark Davies | Thorley Stephenson LLP | Drummond Miller LLP | |
| P765/21 Pet: Mark Davies to Enforce Part One Order | TLT LLP | Thorley Stephenson LLP | |
Starred Motion
| A296/21 Multiplex Construction Europe Ltd v J&D Pierce Contracts | Brodies LLP | DAC Beachcroft Scotland LLP | |
LORD HARROWER – S Alexander, Clerk
Court 6 - Parliament House
Thursday 26th January
Preliminary Hearing & Starred Motion
between 9.00am and 10.00am
| COS/CA97-22 Intu Braehead Ltd &c v Ice Factor International Ltd | Anderson Strathern LLP | Nisbets Solicitors Ltd | |
By Order
| P701/20 Pet: HMA for Enforcement Administrator re Scott Ross | Crown Office & Procurator Fiscal Service | Blackwater Law Ltd | |
LORD BRAID – R Hamilton, Clerk
Court 7 - Parliament House
Thursday 26th January
Judicial Review – Procedural Hearing
between 9.30am and 10.00am
| P851/22 Pet: Andrew Preacher &c for Judicial Review | Civil Legal Assistance Office | Office of the Advocate General | |
By Order
| P48/22 Pet: David Rutherford for Judicial Factor | Shepherd & Wedderburn LLP | Party | |
LORD SANDISON – D Facchini, Clerk
Court 8 - Parliament House
Thursday 26th January
Pre-Proof By Order
between 9.00am and 9.30am
| P289/22 Pet: Chianti Restaurant Ltd to Wind Up | TLT LLP | Gilson Gray LLP | |
Preliminary Hearing
between 9.30am and 10.00am
| CA73/21 Abellio Scotrail Ltd v Network Rail Infrastructure Ltd | DWF LLP | Denton UK and Middle East LLP | |
Case Management Hearing
| A267/20 Barbara Lindsay &c v David Stevenson &c | Drummond Miller LLP | BTO Solicitors LLP | NHS Scotland Central Legal Office |
Debate (2 days)
| COS/CA98-22 Atalian Servest AMK Ltd v BW (Electrical Contractors) Ltd | Brodies LLP | MacRoberts LLP | |
| COS/CA101-22 BW (Electrical Contractors) Ltd v Atalian Servest AMK Ltd | MacRoberts LLP | Brodies LLP | |
LORD RICHARDSON – C Scott, Clerk
Court 12 - Parliament House
Thursday 26th January
Hearing on Petition & Answers
at 9.30am
| P1078/22 Pet: Tahir Mahmood for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
By Order
| A249/21 Surjit Singla v Harper MacLeod LLP | Plexus Law Ltd | Brodies LLP | |
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INNER HOUSE ROLLS
EXTRA DIVISION
Thursday 26th January
Procedural Hearing
| XA49/22 Marks & Spencer Plc against a decision of the Land Tribunal | DWF LLP | Burness Paull LLP | |
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